Constitutional Treaty of the European Union. Reference. The failure of the European Constitution and its consequences The EU Constitution is divided into 4 sections which

As a first step in the development of the Union Constitution, the Convention established its general structure. Preliminary draft of the Constitutional Treaty (Constitution) of the European Union, presented on 28.10.2002. Presidium of the “Convention on the Future of the Union” (“European Convention”).

The first thing that attracts attention is the official name of the Constitutional Treaty: “Treaty establishing a Constitution for Europe.”

The very name itself reveals the complex nature of the organization of the European Union: on the one hand, it is a union of states (a treaty), on the other, it is a union of the peoples of Europe, which has its own citizenship and many other attributes of statehood (constitution).

The structure consists of a preamble and three parts, the main of which is part one “Constitutional structure”. In its meaning and, possibly, in legal force, it will be comparable to Chapter 1 of the Constitution Russian Federation“Fundamentals of the constitutional system,” however, is more extensive and detailed.

In the sections of this part (there are 10 in total) the following are established and recorded: general goals and principles of the Union (section I “Definition of the Union and its goals”);

• - legal status of a person and a citizen (section II “Citizenship of the Union and fundamental rights”);
• - the procedure for delimiting competence between the Union and its member states (Section III “Competence and areas of activity of the Union”);
• - status of the governing bodies of the Union: the European Council, the European Parliament, the Commission, etc. (Section IV “Institutions of the Union”);
• - system of legal acts, law-making and law enforcement procedures (section V “Implementation of the competence and activities of the Union”);
• - guarantees of the democratic functioning of this organization (section VI “Democratic life of the Union”);
• - rules for financing activities and adopting the budget (Section VII “Finance of the Union”);
• - legal basis for the foreign policy function of the Union (section VIII “Activities of the Union on the world stage”, section IX “The Union and its immediate environment”);
• - the procedure for the entry of new member states into the Union and - for the first time in the history of this organization - the procedure for the voluntary withdrawal of countries from its membership (Section X “Belonging to the Union”).

Particularly noteworthy is Art. 42 of the Constitution of the European Union, which provides for the possibility of establishing “privileged relations between the Union and neighboring states.” The relevance of this norm for the Russian Federation is beyond doubt.

Part two, “Policy areas and implementation of Union activities,” is intended to establish the procedure for decision-making by supranational bodies in relation to individual areas of competence of the European Union:

• - “spheres of domestic policy and activity” (domestic market, economic and monetary policy, internal security, etc.);
• - “foreign policy activities” (foreign trade policy, assistance to developing countries, etc.);
• - “functioning of the Union” (defense and, possibly, rules of procedure).

The structure and content of this part are established in general terms.

The last part is devoted to the procedure for entry into force, scope, languages ​​of the future Constitutional Treaty of the Union - part three “General and final provisions”.

The Constitution of the European Union has become the subject of controversy and disagreement. The most controversial points in the constitution are the size and composition of the governing bodies of the European Union, as well as the voting system in the Council of Ministers. Ex-president France Valéry Giscard d'Estaing, under whose leadership the draft text of the Constitution of the European Union was developed, proposes federalization, that is, the renunciation of part of national sovereignty in the name of strengthening a united Europe. Such a proposal includes, in particular, the introduction of new positions in the European Union - Minister of Foreign Affairs and President.

The President of the European Union is supposed to be elected for a term of 5 years by the leaders of the countries of the European Union. With the advent of this post, the importance of the chairman of the European Commission (“the government of the European Union” in Brussels) would noticeably decrease. This proposal was criticized by the President of the European Commission, Romano Prodi, and was supported by smaller countries (for example, Austria and Finland).

It is also planned that member countries of the European Union will be required to pursue a common foreign policy, and it will be led by the Minister of Foreign Affairs, who will also be elected by the heads of state of the European Union. The Constitution of the European Union also provides for the control of the European Commission over national economies, over the immigration and legal policies of members of the European Union. This implies the supremacy of the laws of the European Union over the laws of its member countries.

In addition, the constitution proposes to limit the number of members of the European Commission, according to which only 15 out of 25 countries will be able to send a commissioner to Brussels. Small countries are also not happy with the abolition of the six-month term of office for the President of the European Council (now it is assumed that the President will be elected for two and a half years with the right of re-election).

According to the representative of the Swedish side, a member of the European Union on environmental issues, Margaret Wallström, the head of the Presidium of the Convention, Giscard d'Estaing, gives clear preference to the position of the large countries of the European Union, especially France and the UK. This mood in Sweden is reflected general trend in the European Union.

Among the supporters of the existing constitution of the European Union, the German side, represented by German Chancellor Gerhard Schröder, stated that this constitution meets all the requirements, taking into account all the desired changes, so Germany will not draw up a “list of desired demands.” Prof. S.Yu. Kashkin and Assoc. A.O. Chetverikov, “On the way to a European Constitution: the European Convention and the prospects for the Constitutional Treaty (Constitution) of the European Union” - journal “Constitutional Law: Eastern European Review” No. 1 (42) 2003, pp. 38-41.

Other countries of the European Union look at the new Constitution a little differently. British Prime Minister Tony Blair demanded that the wishes of the British government on tax, defense and foreign policy be taken into account in the constitution. London insists on maintaining national sovereignty in these areas of public life. Otherwise, as they say, the text of the constitution is quite satisfactory to the British leadership.

The most difficult issue in the discussion of the Constitution of the European Union was the question of how to make the most important decisions: unanimously or by majority. The principle of unanimity, which currently exists in the European Union, implies the right of veto, which, with a large number of member countries, can lead to paralysis of power. The Presidium of the Convention proposed that decisions be made by a qualified majority of votes, and the number of countries voting “for” should be at least 60% of the population of the Union. By the way, one of the opponents of this method of decision-making is Great Britain, which is ready to sign the future Fundamental Law of the European Union only if it retains the right of veto.

And so, the most controversial points in the Constitution of the European Union to this day remain the size and composition of the governing bodies of the European Union, as well as the voting system in the Council of Ministers.

However, it is also worth paying attention to another hotly debated aspect of the constitutional treaty. Catholic countries (Italy, Spain, Poland) insist on the Vatican's demand that the Union be based on some kind of social contract that the European Union is an organization operating on the basis of Christian principles. That is, such Christianization of the European Constitutional Treaty can be considered as the introduction of a state religion in Europe, limiting the freedom of religion of its members. Moreover, Christian values ​​can become a stick in the wheels of cooperation with semi-Asian Russia, Turkey, Albania, Macedonia, Bosnia and Herzegovina.

- an international treaty designed to play the role of the EU constitution and replace all previous constituent acts of the EU.

Significant expansion European Union by admitting new members from Central and of Eastern Europe, the change in the political weight of Europe in the world required reform of the internal structure of the EU and a clearer delimitation of its competence with the member states.

The development of a draft EU Constitution has become one of the directions for reforming the European Union.

The decision to begin work on creating a pan-European constitution was made at the EU summit in Nice in December 2000.

Following the first year of discussions, the Declaration on the Future of the European Union (“Laaken Declaration”) of 15 December 2001 was approved at a new summit in Laaken (Belgium). It was in this document that the leaders of all member states for the first time declared their readiness to agree to the adoption of a single “document of a constitutional nature”, which could result from the simplification and codification of existing constituent treaties.

The development of the project was entrusted to a special temporary body created a year later at the summit in Brussels - the European Constitutional Assembly (Convention), consisting of representatives of the European Commission, governments and parliaments of member countries, headed by former French President Valéry Giscard d'Estaing.

The draft Constitution was presented at the EU summit in Thessaloniki on 20 June 2003, after which it was worked on by the Intergovernmental Conference, consisting of all ministers of all countries of the European Union, with the participation of the European Commission and the European Central Bank.

The final text of the document was approved at a special EU summit in June 2004.

On October 29, 2004, the heads of all 25 EU member states signed the Treaty establishing a Constitution for Europe in Rome. The uniqueness of this document was that it appeared in 20 languages ​​at once and became the most extensive and comprehensive constitution in the world.

The work was added to the site website: 2015-07-05

Order writing a unique work

;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">Contents:

1. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">Introduction.
2. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">History.
3. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">
4. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">Proposed changes.
5. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">Ratification.
6. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">
7. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">
8. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">Conclusion.
9. ;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">References.

;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">

;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">Introduction.

;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">EU Constitution;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">(full official name;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">Treaty establishing a Constitution for Europe;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">);font-family:"Times New Roman";color:#000080;background:#ffffff" xml:lang="-none-" lang="-none-">international treaty;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">, designed to play

;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">role;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000080;background:#ffffff" xml:lang="-none-" lang="-none-">constitution;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000080;background:#ffffff" xml:lang="-none-" lang="-none-">European Union;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">and replace all previous constituent acts of the EU. Signed in;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000080;background:#ffffff" xml:lang="-none-" lang="-none-">Rome;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000080;background:#ffffff" xml:lang="-none-" lang="-none-">October 29;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000080;background:#ffffff" xml:lang="-none-" lang="-none-">2004;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">. Has not entered into force. Currently, the possibility of its entry into force not considered in force due to signing;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="-none-" lang="-none-">;font-family:"Times New Roman";color:#000080;background:#ffffff" xml:lang="-none-" lang="-none-">Lisbon Treaty;font-family:"Times New Roman";color:#000000;background:#ffffff" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">History

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The question of the need to change the principles of governance of the European Union and the structure of governing bodies arose in;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">1990s;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> years when it became obvious that the largest EU expansion in history would take place in the near future (from 15 to 25 members) Until now, the principle of;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">consensus;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> but with the expansion of the composition, there was a possibility that the most important decisions would be blocked for a long time.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The decision to begin work on creating a pan-European constitution was made at the EU summit in December;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2001;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">. The working body for developing the draft constitution was named;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">convention;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">, it was headed by the former;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">President of France;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Valerie Giscard d'Estaing;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Work on the draft constitution lasted three years. The final text of the document was approved at a special EU summit in June 2004.

;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">October 29;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2004;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> the heads of all 25 EU member states signed a;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Rome;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> new European constitution. The uniqueness of this document lies in the fact that it appeared immediately on 20 languages ​​and became the most extensive and comprehensive constitution in the world.The European Constitution, according to its authors, was supposed to contribute to the emergence of a pan-European identity and make the EU a model of a new world order.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The ceremony took place in the Hall of the Horatii and Curatii in Rome;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">palace;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Kiji;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> on;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Capitol Hill;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">. Exactly here;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">March 25;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">1957;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> the heads of Belgium, Germany, France, Italy, Luxembourg and the Netherlands signed;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Treaty of Rome;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> about the elimination of trade barriers, joint economic policy and unification of living standards in their countries.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Prerequisites for the creation of a common European constitution.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The need to change the principles of governance of the European Union and institutional reform arose especially acutely after large-scale expansion in 2004 D. The rapprochement of “old” and “new” Europe is still a difficult task, and an even more difficult problem is the preservation of European identity.At the same time, the European Union remains true to its compromise approach, which was confirmed in the development of a single European constitution.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">In fact, the very idea of ​​​​creating a common European constitution became an invention of the EU political elites. Already in the end In the 1990s, European parliamentarians declared that the existence of an alliance such as the European Union, based on a set of agreements and treaties, was incorrect, so the development of a single basic law seemed necessary and would facilitate coordination of work within the EU.Initially, the main goal of creating a basic law was to make the EU understandable to citizens.The adoption of the Constitution of the European Union was supposed to be a qualitatively new stage European integration, significantly strengthen the institutions of the European Union and logically continue the EU enlargement campaign. In addition, it was assumed that the Constitution would incorporate all previously signed treaties, and thus a single document could simplify the understanding of the EU legislative framework

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Proposed changes

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The draft Constitution streamlines the legal basis of all treaties concluded between the countries of the European Union.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The document contained 450 articles and 60,000 words, which made the European constitution comparable in scope with the most ambitious and detailed constitutional act in the world,;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">The Constitution of India;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> from 1950.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The Constitution changes the structure and functions of EU institutions:

• ;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The EU Council provides for the position of president. Currently, the post of head of the Council is transferred every six months on a rotation basis from one EU country to another according to the Constitution, the president was to be appointed by the Council for a period of 2.5 years.
• ;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The position of EU Foreign Minister is also provided, who, according to the authors, should represent a single European foreign policy now foreign policy functions are divided between the EU High Representative for Foreign Policy (with;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2009;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> this post is occupied by;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Catherine Ashton;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">, and since 2014 Federica Mogherini) and member of the European Commission responsible for external relations (;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Benita Ferrero-Waldner;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">) However, EU member countries can still develop their own position on any issue , and the European Foreign Minister will only be able to speak on behalf of the EU if consensus is reached.
• ;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The draft Constitution provided for a reduction in the composition of the European Commission: now the principle of “one country one European Commissioner” applies , but from 2014 the number of European Commissioners was to be two-thirds of the number of member countries.
• ;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The draft Constitution expanded the powers of the European Parliament, which was supposed to not only approve the budget , but also to deal with problems related to the state of civil liberties, border control and immigration, cooperation between judicial and law enforcement structures of all EU countries.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The draft constitution, among other things, envisaged abandoning the principle of consensus and replacing it with the principle of so-called “double majority”: decisions on most issues (except issues foreign policy and security, social security, taxation and culture, where the principle of consensus is preserved) is considered adopted if at least 15 member countries, representing at least 65% of the population of the entire union, vote for it. Individual states will not have a “veto right,” however, if a resolution of the EU Council displeases one country, it will be able to stop its action, provided that it is supported by at least 3 other states.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Ratification

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">For the Constitution to come into force, all EU countries had to ratify it. If at least one If a member country does not ratify the Constitution, it will not come into force; but this will not lead to the dissolution of the EU, since in this case all previous treaties signed by its members will remain in force.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Different countries have adopted different options for ratification by voting in parliament or in a popular referendum. Countries those who decided to adopt the constitution in a referendum, ten:;font-family:"Times New Roman";vertical-align:super;color:#000080" xml:lang="en-EN" lang="en-EN">

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Date carrying out	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Country	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Result
;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">February 20;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2005	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Spain	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">project accepted
;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">May 29;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2005	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">France	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">project rejected
;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">June 1;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2005	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Netherlands	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">project rejected
;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">July 10;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2005	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Luxembourg	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">project accepted
;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">September 27;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2005	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Denmark
;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">December;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2005	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Portugal
;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">beginning;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2006	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Great Britain
;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">referendum canceled	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Czech Republic
;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">undefined	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Ireland
;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">undefined	;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Poland

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">In half of the countries whose leadership decided on referendums, there is strong opposition to the idea of ​​pan-European unity: These include Denmark, Great Britain, Poland (it joined the European Union only in 2004, but from the very beginning declared its special claims to one of the leading places in the EU), France and the Netherlands.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">At the EU summit on June 22-23, 2007, an agreement in principle was reached on the development of a “Treaty” instead of the Constitution on reform" light version, containing mainly provisions on the functioning of EU institutions in the new conditions. Such;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">contract;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> was signed in;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Lisbon;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> December 13, 2007.

Lisbon Treaty.

Lisbon Treaty;color:#000000" xml:lang="-none-" lang="-none-">(official name "Lisbon Treaty amending the;color:#000000" xml:lang="-none-" lang="-none-">;text-decoration:underline;color:#000080" xml:lang="-none-" lang="-none-">Treaty of European Union;color:#000000" xml:lang="-none-" lang="-none-"> And ;color:#000000" xml:lang="-none-" lang="-none-">;text-decoration:underline;color:#000080" xml:lang="-none-" lang="-none-">», ;color:#000000" xml:lang="-none-" lang="-none-">;text-decoration:underline;color:#000080" xml:lang="-none-" lang="-none-">eng. Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community) international treaty signed at the summit ;color:#000000" xml:lang="en-US" lang="en-US">;text-decoration:underline;color:#000080" xml:lang="-none-" lang="-none-">EU;color:#000000" xml:lang="en-US" lang="en-US">;text-decoration:underline;color:#000080" xml:lang="-none-" lang="-none-">December 13;color:#000000" xml:lang="en-US" lang="en-US">;text-decoration:underline;color:#000080" xml:lang="-none-" lang="-none-">2007;color:#000000" xml:lang="en-US" lang="en-US"> V ;color:#000000" xml:lang="en-US" lang="en-US"> Jeronimos ;color:#000000" xml:lang="en-US" lang="en-US"> in Lisbon.

Designed to replace the one that has not entered into force;color:#000000" xml:lang="-none-" lang="-none-">;text-decoration:underline;color:#000080" xml:lang="-none-" lang="-none-">EU Constitution;color:#000000" xml:lang="-none-" lang="-none-">and amend existing European Union agreements to reform the EU's governance system.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Background of the Reform Treaty.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Agreement on amendments to;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Treaty on European Union;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> and;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Treaty establishing the European Community;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">, or the EU Reform Treaty, created to improve the functioning of the 27-member European Union member countries and strengthening its role and position on the world stage in the context of drastic global changes, was finally agreed upon at the Intergovernmental Conference in;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Lisbon;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">October 19;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2007;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Conceived as a “toolkit”, this largely innovative treaty is intended to lay the foundations for the functioning of the European Union on the next 15-20 years. Signing of the Agreement;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">December 13;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">2007;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> opened a period when member countries carried out the process of its ratification. Complications arose in countries such as;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Ireland;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> and;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Czech Republic;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">, where for its approval the support of 3/5 of parliament was necessary, and in the case of Ireland also supports the population of the country for;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">referendum;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">However, approval in parliaments and referendums of 27 countries ended a 15-year discussion on the political and institutional reform of the EU, which was launched by signing;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Maastricht Treaty;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> in;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">1992;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> The need to amend the fundamental EU treaties was caused by the fact that in just two and a half year (April 2004 January 1, 2007) the number of member countries increased from 15 to 27, and their combined population reached almost half a billion people.The treaty is intended to replace the failed project;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">EU Constitutions;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> (the draft of which was signed in June 2004). When in 2005 on referendums in;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">France;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> and;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Netherlands;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> The Constitution was rejected, the European Union found itself in an institutional dead end. To move forward, it was necessary seriously simplify the structure of collective bodies, the principles and procedures of their work, make their activities more understandable and transparent.The Lisbon Treaty is aimed at solving this dual task.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The Reform Treaty secured a balance between the goals and interests of EU member states, giving the latter the status ";font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">superpowers;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">". The text of the Treaty amends three fundamental documents of the EU: the Treaty establishing the European Community (;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Treaty of Rome;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">, 1957),;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">Treaty of Maastricht;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">, 1992 and;font-family:"Times New Roman";color:#ff0000" xml:lang="en-EN" lang="en-EN">Treaty establishing the European Community atomic energy ;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">,;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">1957;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> After signing and ratification, the Reform Treaty ceases to exist as a single text, and innovations;font-family:"Times New Roman";color:#000080" xml:lang="en-EN" lang="en-EN">incorporated;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN"> into the three documents listed above.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The Reform Agreement structurally consists of a preamble, 7 articles, 13 protocols and 59 declarations. Article 1 describes the changes that are being made to the EU Treaty (p. 3 40), Article 2 changes to the Treaty establishing the European Community (p. 41 150), Article 3 lists the final provisions (p. 151 152).

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The European Union countries have signed a new basic agreement.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">According to the new agreement, it is planned, in particular, to introduce the post of President of the EU and reform the structure of the union ...

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">In the capital of Portugal, Lisbon, the leaders of the European Union (EU) solemnly signed a reform agreement political institutions of Europe, called the “Lisbon Agreements.” The document became a simplified version of the EU constitution, the preparation of which began in the mid-90s of the last century, reports;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">RBC;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">According to the new agreement, it is planned to introduce the post of EU President, who will be elected for a term of 2 .5 years.At the same time, analysts call former British Prime Minister Tony Blair the main contender for the post of first EU president.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">In addition, the agreement provides for the reform of the EU executive body the European Commission. A delegated broad powers for the European Commissioner for Foreign Policy, who will report to EU leaders.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The agreement also establishes that the European Commission (EC) must undergo a reduction in composition from its current 27 European Commissioners to 17 by 2014. At the same time, the EC will be elected for a period of 5 years. The powers of the European Parliament will also be expanded, which will have more influence on legislative initiatives, especially in the field of justice and internal affairs. The number of European parliamentarians will also be reduced from 785 to 751 deputy

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The new agreement should replace the draft

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">a single European constitution, the ratification process of which was interrupted after the failure of referendums in France and the Netherlands. However, for this new agreement must be ratified in all 27 countries participating in the bloc.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Ratification of the new treaty should be completed by June 2009, when elections to the European Parliament will be held. Most countries (with the exception of Ireland) will ratify the Lisbon Accords by parliamentary vote.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Germany, France and Poland say they are ready to immediately ratify the agreement to put reforms into practice already in 2009. However, opponents of the new document say that the introduction of the posts of president and head of the general foreign policy department will only intensify competition between alliance members for control over these important areas.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">Note that the European Union has been trying for almost a decade to develop a program for reforming its main institutions. Necessity The new regulatory document is associated with an almost doubling of the bloc (from 15 states to 27), as well as with the emergence of new tasks in the field of foreign policy, energy and ecology.

;font-family:"Times New Roman";color:#000000" xml:lang="en-EN" lang="en-EN">The Lisbon Treaty introduces innovations to existing treaties (Treaties on the European Union and the European Community as amended Treaty of Nice), some provisions of the EU Constitution were excluded from the text or significantly transformed during its preparation. In the Treaty of Lisbon, a special place is occupied by the main aspects of institutional reform. 1. The structure of the three pillars created in Maastricht was abolished and, accordingly, the European Community and Euratom ceased to exist ( 1).The European Union became the only integration structure and received the status legal entity, including broad international legal personality (previously, all international agreements were signed not by the European Union, but by the European Community alone or jointly with member states). At the same time, the two founding treaties remain: the Treaty on European Union and the Treaty on the Functioning of the European Union (as the Treaty establishing the European Community is now called). The Union has become more unified in terms of its functioning. 2. The Lisbon Treaty provides a clear and comprehensive list of the competences of the European Union, bringing clarity to one of the most confusing issues of European integration. In compiling this list, a significant role was played by the concerns of a number of countries in connection with the unprecedented expansion of EU powers. The Lisbon Treaty provides for five types of EU competence: exclusive; joint; coordinating; powers to act to support, coordinate or complement the actions of Member States; specific competence in the field of CFSP (common foreign and security policy) / ESDP (European security and defense policy). It is clearly defined what type of EU policy each falls into. 3. The European Council has fully become an institution of the European Union. Although it is outside the scope of the legislative process, its decisions from political declarations actually turn into EU regulations. These decisions are no longer made by consensus, but by vote. The European Council received a permanent leader. The post of President of the European Council has been established (he is often mistakenly called the President of the European Union), who will be elected for 2.5 years with the possibility of re-election. This should contribute to the efficiency and consistency of the work of the European Council and the entire EU. 4. Two new points are of decisive importance for the effectiveness of the functioning of the Council of Ministers as a legislator: this is the abandonment of the veto right (2) and a change in the qualified majority voting system (GMB).

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Lisbon Treaty;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN"> another step in the process of gradually eliminating the veto right; the procedure for making decisions by qualified majority vote has expanded to another 51 regions However, mainly we're talking about not about broad areas of activity, but about individual issues. The right of veto remains in the field of CFSP/ESDP, social policy, tax policy, in matters of combating financial irregularities, in cooperation on criminal law issues and key aspects of environmental policy. Reform of the qualified majority voting mechanism was the most difficult issue on the agenda. Decisions in the Council will be made if more than 55% of countries (at least 15), representing at least 65% of the population of the Union, vote in favor. However, this system will begin to be applied in 2014, and will become fully operational only after 2017 (in 2014-2017, any country may require to apply not the “double majority”, but the rules of the Nice Treaty). 5. The changes in the activities of the European Commission are as follows: the Chairman of the Commission receives dejure complete freedom in the distribution of portfolios of members of the Commission. However, defacto it is still bound by political considerations and the need to take into account the “wishes” of member countries. 6. To a certain extent, the role of the European Parliament is strengthened. The co-decision procedure will apply to approximately 80 EU-devolved matters (currently 37). In addition, the European Parliament will now have the right to participate on an equal basis with the Council of Ministers in approving the EU budget. 7. National parliaments are integrated into the EU decision-making process. They are given the opportunity to monitor the Commission's legislative proposals in order to monitor compliance with the principle of subsidiarity. If, within eight weeks of the publication of a Commission proposal, more than a third of EU parliaments declare that it does not comply with the principle of subsidiarity and provide reasons for this, the proposal must be reconsidered. 8. Among the individual areas of EU policy in to the greatest extent CFSP/ESDP reformed. Strengthening the CFSP is a necessary condition for the EU to become "a force seeking to change the direction of world politics... and to limit globalization to a moral framework." In this regard, the establishment of the post of President of the European Council, elected for 2.5 years, is of particular importance. This is of particular importance for foreign policy, since it is still carried out on the basis of intergovernmental cooperation. The post of EU High Representative for foreign affairs and security policy, to which all functions and powers of the High Representative for the CFSP and Commissioner for Levin N.P. are transferred. Lisbon Treaty new fundamental document... 101 external relations. The external relations service, including all EU embassies in third countries and international organizations (currently existing delegations of the European Commission are being transformed into embassies). He will permanently preside over the Council of Foreign Ministers. The High Representative is simultaneously subordinate to the President of the Commission and the European Council, which can significantly complicate his activities. The CFSP/ESDP has survived in its current form as a form of intergovernmental cooperation. However, serious changes have taken place in this area. The Lisbon Treaty not only confirmed the possibility of transforming the ESDP into a common defense, but also introduced a provision on the obligation of joint actions to repel aggression that is directed against one of the member states. At the same time, the Lisbon Treaty represents a step backward compared to the EU Constitution. A number of significant innovations of the Constitution are excluded or surrounded by serious reservations. Firstly, the main achievement of the EU Constitution was its symbolic meaning: in the term “constitution” itself, in the use of “state” terminology (“European law”, “EU foreign minister”, etc.), in the adopted symbols ( anthem, flag and motto of the EU). All this was supposed to contribute to the creation (namely the creation, not the emergence) of a sense of European identity among the population. However, no mention of this was included in the text of the Lisbon Treaty. Even the symbolism seemed objectionable; only 16 EU countries, especially those committed to the European idea, stated in a separate declaration that they would consider the said anthem, flag and motto as symbols of the European Union. The text of the Charter of Fundamental Rights was also excluded from the treaties so as not to draw parallels between the EU and the state. Secondly, the Commission was not reformed. The composition and procedure for forming the Commission were initially based on two conditions that were fundamentally important for its position in the system of EU institutions and its legitimacy: 1) at least one representative from each Member State participates in the Commission; 2) The commission is a relatively small group of people capable of acting collectively. In connection with the enlargement of the EU, it became obvious that it was impossible to preserve both of these principles; it was necessary to choose between national interests and efficiency. The Lisbon Treaty states a commitment to reduce the composition of the Commission by 2014 and develop a system of rotation of commissioners. But after the signing of the Lisbon Treaty, in order to ensure its ratification in Ireland, the Commission's reform had to be abandoned. One country one commissioner; the principle of equal representation again took precedence over considerations of efficiency. Third, qualified majority voting in the Council of Ministers is limited to the introduction of a new compromise. If a certain number of states oppose the decision, then no vote is taken and negotiations continue for some reasonable time. This allows many EU countries to slow down decision-making, even if these countries do not constitute a blocking minority. Finally, unlike the EU Constitution, the text of the Lisbon Treaty does not contain the principle of the rule of EU law. It is also worth mentioning two important cases in which the Lisbon Treaty took a step back not in comparison with the EU Constitution, but in relation to the existing status quo. For the first time, it is possible not only to transfer new competencies to the European Union, but also to return powers to the national level, and the foundation of the single internal market has lost one of its cornerstones: freedom of competition is excluded from the list of EU goals. Considering the teleological nature of the interpretation of treaties, which is practiced by the EU Court of Justice, this may not only call into question the progress in “completion” of the single internal market, but may also blur the already established rules. Already during the negotiations on the EU Constitution, member states sought to prevent a deepening integration processes(one of the few exceptions is the general consensus on the need to intensify the CFSP/ESDP). Such “defensive” actions became widespread in the 1990s. We can mention the principles of subsidiarity and proportionality, the legislative technique of minimal harmonization, various shapes differentiation, connecting national parliaments to the EU legislative process. All this was used in the development of the Constitution. Even more active “defensive” actions began after the failure of the 2005 referendums during the preparation of the Lisbon Treaty. Their result was the disappearance of “state” rhetoric (in relation to the EU), the abolition new system acts of secondary law, a return to the “semi-binding” status of the Charter of Fundamental Rights, refusal to include in the text of the Treaty a provision on the primacy of EU law, refusal to carry out large-scale reform of the Commission in the foreseeable future, postponement of the implementation of the “double majority” in the Council, numerous exceptions to general rules, which literally pulled out individual EU countries for themselves. Citizens still feel unable to influence the activities of the European Union, which gives rise to apathy and even irritation. The EU Constitution could be a breakthrough, not so much from the point of view of actually deepening integration, but from the point of view of creating European symbols. Hermann's report, prepared back in 1994, mentioned the need to create a fiction of state sovereignty of the Union. The Constitution reminded the governments and citizens of the member states that the European Union was not only a single market, but also a system of political governance based on universally accepted values ​​and principles. New structures and mechanisms will make it possible to more effectively and consistently implement decisions made. But decision-making itself still requires unanimity. But it is in matters of foreign policy that it is especially difficult for EU countries to achieve this. Levina N.P. The Lisbon Treaty a new fundamental document... 103 The European Union as an integration grouping, more than ever, needs strengthening solidarity and a willingness to sacrifice national interests in favor of pan-European interests, a more effective and flexible management system, an active economic policy and increased attention to the equalization of the economic development of countries -members. Without convincing legitimation, the EU will be unable to pursue active policies. The Lisbon Treaty also paves the way for continued expansion of the European Union. In this direction, the first in line are the Balkan states, followed by the rather controversial candidate, Turkey. The complexity of security problems, as well as demographic, climate, and energy problems, makes us think that European unification is simply necessary. However, despite numerous difficulties of both a political and economic nature, the European Union has become a global player in international politics. The Lisbon Treaty creates conditions for further integration of the European Union, simplifies decision-making mechanisms within the EU, creates a full-fledged unified European diplomatic service for the first time in the history of the community, and expands the powers of the European Parliament.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Conclusion.

Preparation of the Constitutional Treaty (Constitution) of the European Union is a complex and lengthy process. The first important step has now been taken - the preliminary structure of the future document has been determined. Subsequently, it will most likely undergo certain changes and, most importantly, should be filled with specific legal norms, the content of which the Convention still has to work on.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">However, several conclusions can already be drawn that, it seems, will remain valid for the final version of the Constitution:

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">1. First - the Convention, uniting representatives of all peoples of the European Union, chose to prepare;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN"> single constituent document of this organization;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Accordingly, after the entry into force of the Constitutional Treaty, the current sources of “primary law” of the EU should presumably lose force: treaties 1957, establishing the European Community and Euratom (“Treaties of Rome”), the Treaty on European Union 1992 (“Maastricht Treaty”), etc.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">2. If the Constitutional Treaty (Constitution) of the European Union is adopted, significantly;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">the internal structure of this organization will be simplified;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">: the so-called “three pillar structure” will disappear (European Communities - common foreign and security policy - police cooperation and judicial authorities in the criminal legal field).

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Accordingly, the rules of operation of the European Union will become more understandable for its citizens, which is important for the further development of European integration.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">3. The adoption of a single Constitutional Treaty (Constitution) should entail;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">endowing the European Union as a whole with a fairly broad international legal personality;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">4. Apparently, there will also be;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">the system of legislative acts of the Union has been improved;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">through which supranational institutions carry out legal regulation public relations with the participation of both member states and citizens and legal entities.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">In particular, the Convention is considering the introduction of such sources as “European law” and “framework law” ( instead of the current “regulations”, “directives”).

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">5. Of fundamental importance is;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">establishment of clear lists of competence in the Union Constitution;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN"> (“exclusive competence of the Union”, “joint competence”, etc.), which will make it possible to more accurately distribute areas of responsibility national and supranational authorities, and thereby give a clear answer to the now frequently asked question: “Qui fait quoi?” (“who does what in the European Union?”).

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">6. With the adoption of the Constitutional Treaty (Constitution), obviously, a new;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">reform of institutions, i.e. the governing bodies of the Union.;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Currently, the content of this reform has not yet been precisely determined. Among the options under discussion: the introduction of the post of President of the Union, changes the procedure for the formation of the Commission and its transformation into a full-fledged Government of the Union, the elimination of the post of the High Representative of the Union for common foreign and security policy, etc.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">7. Finally, the Constitution of the Union, apparently,;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">will be a new step in the development of European humanitarian law;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">. We are talking, as already noted, about the possible giving of supreme legal force to the Charter of the European Union on Fundamental Rights of 2000 ., as well as the possible accession of the Union as a separate party to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">In conclusion, one more noteworthy aspect should be noted: there is a possibility that with the adoption of the Constitutional Treaty (Constitution) the EU will;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">change of the name of the organization itself;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">There are four options proposed by the Convention:

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">- leave the current name (“European Union”);

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">- rename the Union “European Community”;

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">- “United States of Europe” (USE);

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">- “United Europe”.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Which of these options will ultimately be chosen, and how further work on the Constitution of the Union (or Community) will develop , SSHE, etc.), the coming years will show.

;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">References:

1. ;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">https://ru.wikipedia.org/wiki / ;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Constitution_of the European_Union
2. ;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">https://ru.wikipedia.org/wiki/;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Lisbon_Treaty
3. ;font-family:"Times New Roman";text-decoration:underline;color:#0000ff" xml:lang="-none-" lang="-none-">http://evolutio.info/content/view /1550/232/
4. ;font-family:"Times New Roman";text-decoration:underline;color:#0000ff" xml:lang="-none-" lang="-none-">http://eulaw.edu.ru/documents /articles/na_puti_k%20_konst_es.htm
5. ;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Lisbon Treaty 2007 // Treaty of Lisbon.;font-family:"Times New Roman"" xml:lang="en-US" lang="en-US">Official Journal of the European Union. 2007. 7;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Dec;font-family:"Times New Roman"" xml:lang="en-US" lang="en-US">.
6. ;font-family:"Times New Roman"" xml:lang="en-EN" lang="en-EN">Borko Yu.A., Butorina O.V. The European Union on the threshold of the 21st century: choosing a development strategy. M.: Editorial URSS, 2001.
   

Student of PMUI 34th group d/o

Khanjyan Ruzanna Lerovna

REPORT ON THE TOPIC: CONSTITUTION OF THE UNITED EUROPE

1. What is the EU?

2. History of the development of the EU

3. Objectives and goals. EU today

4. On the way to KES

5. KES project

6. Pros and cons of CES

7. Conclusion

8. Literature

9. Internet

What is the European Union (EU)?

Under the influence of integration trends, more and more countries on the planet are voluntarily agreeing to limit their own sovereignty and transfer sovereign rights to the competence of supranational (supranational) entities of an international nature. The result is a decline in the classical concept of the sovereign state. This gives rise to a new form of intergovernmental interaction, which limits the ability of individual states to manage society in favor of management carried out jointly and with an appropriate distribution of powers. In this process of federalization of interstate relations, the EU has the richest experience.

The EU is a union of 15 independent states, based on
Council of Europe and founded to increase political, economic and social cooperation. Today, the EU is the most effective, authoritative and dynamic of such supranational
"constructions".

The EU was originally founded on the rule of law and democracy. Therefore, its peculiarity is that the union is not a new state to replace existing ones; it cannot be compared with other international organizations.
Those. the historical diversity of countries, regions and cultures must be preserved. This goal is clearly stated in the provisions of the EU Treaty. The principle of subsidiarity plays a primary role in this policy. Following this principle, the EU undertakes only those tasks that it can handle better than the national and local authorities of its member states. Also, this principle was designated by the agreement as the highest requirement that should guide the Community in achieving its goals
EU. The treaty states: “The objectives of the Union will be achieved in accordance with the provisions of this treaty... through respect for the principle of subsidiarity...”.
Thus, EU member states delegate sovereignty to common institutions that represent the interests of the Union as a whole in matters of common interest. All decisions and procedures arise from the main treaties ratified by member countries.

There are five institutions that actually govern the EU, while fulfilling their specific role:

European Parliament (elected by the people of member countries);

the European Council (consisting of member governments);

European Commission ( driving force and executive body);

Court (compliance with the law);

Chamber of Auditors (proper and legal management of the EU budget).

Five more bodies form part of the institutional system:

European Economic and Social Committee (expresses the views of organized civil society on economic and social issues);

Committee of the Regions (expresses the opinions of regional and local authorities on regional policy, environment and education);

European Ombudsman (deals with citizens' complaints regarding the mismanagement of any EU institution or body);

European Investment Bank (promotes EU objectives by financing public and private long-term investments);

European Central Bank (responsible for monetary policy and foreign exchange operations).

Also a number of other bodies that complete the system: the Accounts Chamber,
Council of Ministers, etc. The Council of Ministers operates a rotation system, according to which a representative of each EU member state alternately holds the post of Chairman for six months.
| |01/01 - 30/06 |01/07 - 31/12 |
|2003 |Greece |Italy |
|2004 |Ireland |Netherlands |
|2005 |Luxembourg |Great Britain |
|2006 |Austria |Finland |

History of the development of the European Union

European integration occurs in several stages and in various forms. Already after the First World War, the European idea was present in political discussions, but did not lead to concrete steps. Then, after the destruction brought by the second World War, European leaders have become convinced that cooperation and common efforts are the best way to ensure peace, stability and prosperity in Europe. The trial began on May 9, 1950. speech by Robert Schumann, Minister of Foreign Affairs
France, which proposed to combine the coal and steel industries
France and the Federal Republic of Germany. This concept was implemented in 1951. The Treaty of Paris, which established the European Coal and Steel Community with six member countries: Belgium, France, Germany, Italy,
Luxembourg and the Netherlands. The success of the Treaty has encouraged the six countries to expand the process into other areas.

In 1957 The Treaty of Rome established the European Economic Community and the European Atomic Energy Community. They were accordingly aimed at creating a customs union and breaking down internal trade barriers within the Community, as well as the development of nuclear energy for peaceful purposes. Thus, the emphasis was first on economic integration.

In 1967, the executive bodies of the three Communities merged, creating a basic structure with the main institutions that still exist today. And although in the minds of citizens there was now only one European Community, the three treaties still retained their autonomy, they did not “merge into one”. The Community reform carried out in 1987 with the adoption of the Single European Act did not affect this principle.

The next cornerstone in the process of European integration was
The Maastricht Treaty of 1992, which defined the three pillars of the EU: the first is
European Community, two new ones are intergovernmental cooperation in international politics and security, as well as in justice and home affairs. In addition, the Maastricht Treaty established the framework for a single currency and greater political integration. But it also represents only an additional step on the path to a European Constitution.

And so, over the fifty years of its existence, European integration has ensured stability, peace and economic development. It helped raise living standards, create a domestic market, introduce the euro and strengthen the role of the Union in the world. The challenge of this century will be to enlarge the EU and include new member states - especially from Central and Eastern Europe. Ten more countries should join the Union in May 2004: Cyprus (Greek part),
Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland,
Slovakia and Slovenia. Today, Austria is already united in the EU,
Finland, Sweden, Belgium, Denmark, Finland, France, Germany, Greece,
Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain,
Great Britain and Northern Ireland.

Goals and objectives. European Union today

In a very short period of time by historical standards (50 years), the Union has transformed from a small subregional grouping of an economic nature into a truly European integration organization of universal competence, possessing its own administrative apparatus and operating in a wide variety of spheres of public life.

On modern stage EU development is already based on other goals and objectives that it plans to achieve and solve. If earlier the unification of European countries into a single Union had the nature of cooperation and was expressed in the coordination of common forces to solve a number of problems, now it is a kind of “state” (or supranational entity), which sets itself other tasks and goals.

Central to the fundamental challenges facing the EU is the common foreign and security policy.

Among the main goals that the EU intended to achieve, just ten years ago, were the following:

1. the implementation of a balanced and long-term social and economic policy, in particular by creating without internal borders, by strengthening economic and social cohesion and creating an Economic and Monetary Union with ultimate goal introduction of a single currency;

2. assertion of European identity in the international arena, in particular through the pursuit of a common foreign and public security policy, which could lead, at the right time, to the creation of a system of common defense;

3. strengthening the protection of the rights and interests of citizens of the Member States through the implementation of Union citizenship;

4. development of close cooperation in the field of judicial practice and internal affairs;

5. maintaining and developing the achievements of the Community in order to determine to what extent the policies and forms of cooperation established by the treaty need to be revised to ensure the effectiveness of EU mechanisms and institutions.

To illustrate the scale of the Union’s activities, it is enough to indicate only some of its main results:

In the socio-economic sphere: building a common market, introducing a single currency “euro”, issuing extensive legislation in relation to various sectors of the economy (transport, banking, customs, antimonopoly, agricultural, labor legislation, etc.);

In the political field: the functioning of a very efficient system of “European” authorities, which includes the European Parliament directly elected by citizens, the courts of the Union, the Commission,
Council, European Central Bank, European Union Ombudsman, etc.;

In the law enforcement and humanitarian spheres: the establishment of the institution of Union citizenship, the adoption of the EU Charter of Fundamental Rights, the creation
European Police Office (Europol) and a similar institution to coordinate the work of national prosecutors’ offices (Eurojust), the formation of unified information systems and data banks (“Schengen Information System”, centralized fingerprint database “Eurodac”, etc.), establishment in the legislation of the Union common features and criminal liability standards for a range of criminal offences.
(counterfeiting, terrorism, human trafficking, etc.), replacing the ineffective institution of extradition with a “European arrest warrant,” etc.

In addition to this (by no means complete) list of changes already implemented, the European Union is now preparing to take another step that could have very far-reaching consequences for the whole of Europe. We are talking about the adoption of a single Constitutional Treaty of the Union, designed to replace the current constituent documents of the organization.

Towards a Constitution of the European Union (CEU)?

It is necessary to make adjustments to the existing EU integration mechanisms. In particular, the upcoming EU enlargement is pushing this forward.
(admission of 10-13 new member countries). The EU's cumbersome administrative apparatus is complex and ineffective. It is required to radically reform the legal foundations of this organization and simplify the decision-making procedure in the union.
Previously, this happened within the framework of standard international legal procedures: intergovernmental conference; signing; then ratification of the text by all participating countries.

At the EU summit in Laaken at the end of 2001, a declaration was approved
"The Future of the EU" (Laaken Declaration). The purpose of this document is to establish guidelines for further transformations in the structure of the EU, taking into account new geopolitical realities and the upcoming expansion of the composition of this organization.

To prepare and democratically discuss a package of reforms in accordance with the approved declaration, a temporary representative body was formed, called the EU Convention. The task of the Convention is to develop recommendations for the upcoming intergovernmental conference in 2004. Its decisions will not receive binding legal force, but thanks to the composition of the Convention, they will obviously acquire high moral and political authority not only for member countries, but also for ordinary EU citizens. This advisory body includes representatives of the European Commission, the European Parliament, the governments and parliaments of the 15 EU member states, as well as 13 candidate countries.
For almost 2 years now, under the leadership of the former president
France Valéry Giscard d'Estaing The Convention developed a draft of the future CES.

In this regard, it must be said that the Laaken Declaration will go down in history as the first time at such a high level that the prospects for adopting a single CES in the future, which will replace the existing constituent treaties, have been announced.

Upon completion of the Convention in 2003, the EU Constitutional Treaty is planned to be presented to the heads of state (government) of the EU member states, and then, after its finalization, during the intergovernmental conference
(planned for 2004) - sign and send for ratification to national parliaments. As with previous reforms, the draft CES in many EU countries is likely to be put to a popular vote
(referendum).

Draft Constitution of the European Union

As a first step in the development of the Union Constitution, the Convention established its general outline (structure). What was it prepared for?
"Preliminary draft of the EU Constitutional Treaty".

The first thing that attracts attention is the official name of the future Constitutional Treaty: “Treaty Establishing a Constitution for
Europe."

The very name itself reveals the complex nature of the EU organization: on the one hand, it is a union of states (Treaty), on the other, it is a union of the peoples of Europe, which has its own citizenship and many other attributes of statehood (the Constitution).

The structure of the project consists of a preamble and three parts, the main one of which is part one “Constitutional structure”. In its meaning and, possibly, in legal force, it will be comparable to Chapter 1 of the Code of the Russian Federation.
“Fundamentals of the constitutional system,” however, is more extensive and detailed.

In the sections of this part (there are 10 in total) it is planned to install and fix:

General goals and principles of the Union (Section I “Definition of the Union and its goals”);

Legal status of a person and a citizen (Section II “Citizenship”

Unions and Fundamental Rights”);

The procedure for delimiting competence between the Union and its member states (Section III “Competence and areas of activity of the Union”);

Status of the governing bodies of the Union: European Council, European Parliament, Commission, etc. (Section IV “Institutions of the Union”);

The system of legal acts, law-making and law enforcement procedures (section V “Exercising competence and activities

(section VI “Democratic life of the Union”);

Rules for financing activities and adopting a budget (section

VII “Finance of the Union”);

Legal basis for the foreign policy function of the Union (section VIII

“Activities of the Union on the world stage”, section IX “The Union and its immediate environment”);

The procedure for the entry of new member states into the Union and - for the first time in the history of this organization - the procedure for the voluntary withdrawal of countries from its membership (Section X “Belonging to the Union”).

Particularly noteworthy is Art. 42 projects providing for the possibility of establishing “privileged relations between the Union and neighboring states.” The relevance of this norm for the Russian Federation is beyond doubt

Part two of the project “Policy areas and implementation of Union activities” is intended to establish the procedure for decision-making by supranational bodies in relation to individual areas of EU competence:

- “spheres of domestic policy and activity” (domestic market, economic and monetary policy, internal security, etc.);

- “foreign policy activities” (foreign trade policy, assistance to developing countries, etc.);

- “functioning of the Union” (defense and, possibly, rules of procedure).

The structure and content of this part have so far been established only in the most general terms.

The last part of the project is devoted to the procedure for entry into force, scope, languages ​​of the future Constitutional Treaty of the Union - part three
“General and final provisions.”

Pros and cons of the Constitution of the European Union

The CES project has become the subject of controversy and disagreement. The most controversial points in the future constitution are the size and composition of the EU's governing bodies, as well as the voting system in the Council of Ministers. Former French President Valéry Giscard d'Estainat, under whose leadership the draft text of the CES was developed, proposes federalization, that is, the renunciation of part of national sovereignty in the name of strengthening a united Europe. Such a proposal includes, in particular, the introduction of new positions in the EU - Minister of Foreign Affairs and President.

The EU President is supposed to be elected for a term of 5 years by the leaders of the EU countries. With the advent of this post, the importance of the chairman
the European Commission (“the EU government” in Brussels), would have decreased markedly.
The President of the European Commission criticized this proposal
Romano Prodi, he was supported by small countries (for example, Austria and Finland).

It is also planned that EU member countries will be required to pursue a common foreign policy, and it will be led by the Minister of Foreign Affairs, who will also be elected by the heads of EU states. The CES project also assumes control of the European Commission over the national economies, immigration and legal policies of EU members. This implies the supremacy of EU laws over the laws of its member countries.

In addition, the draft proposes to limit the number of members of the European
Commission, according to which only 15 out of 25 countries will be able to send a commissioner to Brussels. Small countries are also not happy with the abolition of the six-month term of office for the President of the European Council (now it is assumed that the President will be elected for two and a half years with the right of re-election).

According to the representative of the Swedish side, EU member on environmental issues Margaret Wallström, the head of the Presidium of the Convention, Giscard d’Estaing, gives clear preference to the position of large EU countries, especially
France and Great Britain. This mood in Sweden reflects the general trend in the EU.

Among the supporters of the existing CES project, the German side, represented by German Chancellor Gerhard Schröder, stated that the new project is unlikely to be better than the current one even taking into account all the desired changes, so Germany will not draw up a “list of desired changes.”

Other countries look at the draft new Constitution a little differently
EU. British Prime Minister Tony Blair demanded that the draft take into account the wishes of the British government on tax, defense and foreign policy. London insists on maintaining national sovereignty in these areas of public life. Otherwise, as they say, the text of the draft is quite satisfactory to the British leadership.

The most difficult issue during the discussion of the CES draft was the question of how to make the most important decisions: unanimously or by majority. The principle of unanimity, which currently exists in the EU, implies the right of veto, which, with a large number of member states, can lead to paralysis of power. The Presidium of the Convention proposed that decisions be made by a qualified majority of votes, and the number of countries voting “for” should be at least 60% of the population of the Union. By the way, one of the opponents of this method of decision-making is Great Britain, which is ready to sign the future
The fundamental law of the EU is only subject to the retention of the right of veto.

And so, the most controversial points in the future CES to this day remain the size and composition of the EU’s governing bodies, as well as the voting system in the Council of Ministers.

However, it is also worth paying attention to another hotly debated aspect of the constitutional treaty. Catholic countries (Italy,
Spain, Poland) insist on the Vatican's demand that the Union be based on some kind of social contract that the EU is an organization operating on the basis of Christian principles. Those. such Christianization
The European Constitutional Treaty can be seen as the introduction of a state religion in Europe, limiting the freedom of religion of its members. Moreover, Christian values ​​can become a stick in the wheels of cooperation with semi-Asian Russia, Turkey, Albania, Macedonia,
Bosnia and Herzegovina.

Conclusion

The choice in favor of a single constituent document of this organization will determine the EU’s own position in the world, and will partly explain to the population the goals and objectives of the Union, which, according to the authors of the project, should be much closer to its residents than it is now. Accordingly, the rules for the functioning of the EU should become more understandable for its citizens, which is important for the further development of European integration.

The adoption of a single Constitutional Treaty should entail endowing the EU as a whole with sufficiently broad international legal personality
(Article 4 of the draft). In this regard, the statement of the German Chancellor is correct
Gerhard Schröder: “Without a Constitution, a united Europe will become less politically governable and lose its influence on the international stage.”

Finally, the CJEU is likely to mark a new step in the development of European humanitarian law. We are talking about the possible giving of supreme legal force to the EU Charter of Fundamental Rights of 2000, as well as the possible accession of the Union as a separate party to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.

Another noteworthy aspect is that there is a possibility that with the adoption
KES will change the name of the organization itself.

There are four options proposed by the Convention:

Leave the current name (“European Union”);

Rename the Union “European Community”;

- “United States of Europe”;

- “United Europe” (In October of this year, Giscard D'Estaing hinted that the choice had been made on a United Europe. United, we must understand, in the constitutional sense).

In conclusion, I would like to draw attention to the fact that the preparation
The EU constitutional treaty is a complex and lengthy process. The first important step has now been taken - the preliminary structure of the future document has been determined. Subsequently, it will most likely undergo certain changes and, most importantly, should be filled with specific legal norms, the content of which the Convention still has to work on.

Literature:

1. Laaken Declaration (“The Future of the EU”) of December 15, 2001.

2. Preliminary draft of the Constitutional Treaty (Constitution) of the EU, presented on October 28, 2002. Presidium of the “Convention on the Future of the Union”

("European Convention")

3. Prof. S.Yu. Kashkin and Assoc. A.O. Chetverikov, “On the way to European

Constitutions: European Convention and development prospects

Constitutional Treaty (Constitution) of the EU" - magazine

“Constitutional Law: Eastern European Review” No. 1 (42)

2003, pp. 38-41

Internet:

1. http://eulaw.edu.ru

2. http://europa.eu.int

3. http://www.coe.int

4. http://www.eur.ru

5. http://dw-world.de

(in questions and answers)

Question: Why do we need a new Constitution? Aren't we

satisfy the previous European treaties?

Answer: Of course, the European Union still functions quite successfully with the treaties in force today. But this system is very complex and for many people inaccessible and difficult to understand. Therefore, the leaders of the European Union countries several years ago instructed a team of experts to develop a single and simplified treaty, i.e. "The Constitution of Europe". In 2004, work on the text of this agreement was completed. The text of the Constitution, compiled by experts, incorporates achievements in the legal field over the past 50 years. Thus, the structure and functioning of the European Union become more understandable and logical for each of its residents. In addition, it has become possible to simplify the decision-making process, which increases the efficiency of the Union’s governing bodies. The Constitution makes the European Union more democratic, the role of its parliament and the parliaments of member countries is strengthened, and citizens receive the right to make their proposals and come up with new initiatives. All this gives grounds to assert that the Constitution of the European Union represents a big step forward from previous treaties, and therefore brings significant benefits to citizens and countries of the European Union.

Question: Doesn't the so-called arise through this Constitution? "super

European state"?

Answer: No, under no circumstances. Although the document developed by experts is called the “Constitution”, we are actually talking about a normal international treaty concluded by sovereign states, which continue to be responsible for their Union as a whole and therefore must ratify it. Article I-1 of the Constitution leaves no doubt that the Union is formed, exists and is governed by the wishes of its citizens and states and that it can act only within the framework of the powers delegated to it by its member states. Through the Constitution, the Union becomes stronger and more effective, without at the same time reducing the powers of its member states. At the same time, nothing changes in terms of the fundamental relationship between the Union and its members, and significant changes to the Constitution are still possible only with a unanimous decision of all of them. According to Article I-5, the Constitution of the Union categorically obliges to take into account the national identity of its member countries, including their regional and municipal self-government bodies.

Question: Does the Constitution limit the sovereignty of member countries?

Answer: As members of the Union, its individual states exercise their sovereignty jointly, i.e. they make common decisions in the areas in which they decide to cooperate. Member States of the Union do this within the framework of its governing bodies (the European Parliament, the Council and the Commission), which are created for these purposes and endowed with certain powers and competences. This method of joint decision-making in the interests of all countries of the Union is called the method of collective work. Of course, this method extends not only to legal and political cooperation, but also to defense. Thus, the member states of the Union unanimously decided that in this way it is possible to better cope with the new challenges of reality.

Question: Does the Constitution take precedence over national

Answer: Until, of course, but this is nothing new. The same applies to all currently valid treaties. Of course, we should be clear what this means. According to the Constitution, pan-European law as a whole (i.e. the law of the member countries of the Union jointly in the form of its Constitution and adopted by its governing bodies legal provisions) has priority over the law of each country individually. However, firstly, through the transfer of certain powers to the bodies of the European Union and the use of a method of working together, the member countries of the Union have created a binding legal position for themselves and their citizens. The legal regulations of the European Union are firm integral part relevant national law and must be used judicial authorities all member countries of the Union. This circumstance, although established by the Constitution for the first time, is in no way new. On the contrary, the European Court of Justice made this clear in its judgment back in 1964. Secondly, common European law has priority only in those areas in which the European Union has been delegated powers and competence by its member states. Those. this applies to national legal provisions only if they fall within the competence of the entire Union.

Question: Does the Constitution establish geographical boundaries?

The European Union?

Answer: Actually, no. Article I-1 states: The Union is open to all European countries who respect its values ​​and commit to jointly promoting them. Because Since the Constitution does not contain a legally binding definition of the concept of “European,” geographical, historical and political considerations are deliberately not used in the presentation of this article. It is much more important in this regard that countries wishing to join this Union must recognize the values ​​​​established in Article I-2, namely respect for human dignity, freedom, democracy, equality, the principles of the rule of law and respect for human rights, including the rights of persons belonging to a minority. Article I-57 of the Constitution on the special relations that the Union may develop with countries in its neighborhood must also be taken into account.

Question: Does the Constitution make it easier to join the European Union?

new members?

Answer: No, under no circumstances. As before, for new countries to join the European Union, it is necessary, first of all, the unanimous decision of the member countries and the consent of the European Parliament. After negotiations on this issue are completed, all member countries of the Union and the applicant country enter into a formal agreement on this and ratify it in accordance with Article I-58. In fact, the criteria for admitting new countries to the European Union are becoming stricter than before. According to Article I-58, the applicant country must recognize the fundamental values ​​of the Union as set out in Article I-2 and undertake to contribute to their implementation.

Question: Why was it not included in the final text of the Constitution?

religious issue (in particular, the patronage of God)?

Answer: The constitutions of some countries traditionally contain obligatory reverence, the patronage of God. During the debate on the text of the European Constitution, several governments advocated including references to God or Christian traditions. Other governments, in turn, pointed to the secular nature of their states and their neutrality regarding religion and spoke out against the name of a particular religion in the European Constitution. According to its preamble, the European Union draws from the cultural, religious and humanitarian heritage of Europe. This neutral formulation is more than sufficient than reference to a specific religion, which could be perceived as a dividing factor between European citizens. By virtue of Article I-52 of the Constitution, the European Union further undertakes to maintain an open, transparent and regular dialogue with churches and religious associations, as they do with civil society. The Constitution now definitively establishes the right of every person to freedom of thought, conscience and religion, based on the Charter of Fundamental Rights (Article II-70).

Question: Does Brussels, on the basis of the Constitution, still receive

more opportunities for independent decision making?

Answer: No, just the opposite. The Constitution prevents excessive and unnecessary centralization by clearly indicating the competence and subordination of its organs. Further, according to the Constitution, the principle is that the Union exercises only those powers that are delegated to it by it (Article I-11). Therefore, the Union (i.e. the so-called “Brussels”) cannot act in an area in which, by the will of all its member states, it does not have competence. The differences between the three types of powers of the European Union (EU) should be clearly seen and understood:

· The EU has exclusive powers in the field of the customs union, common trade and monetary policy in the Eurozone (Article I-13);

· The EU shares its powers with its member states in many other important areas, such as environmental protection, consumer protection, transport, energy and the internal market (Article I-14);

· in other areas, such as general education or sports, the EU can of course support, coordinate and complement the measures of its Member States (Article I-17).

The Constitution also establishes that the European Union respects the national identity of its member states, including their regional and communal structures of self-government (Article I-5). The principle of subsidiarity (complementarity) enshrined in the Constitution states that the EU can act only when the objectives of measures implemented by its Member States at the central, regional or local level cannot be sufficiently achieved (Article I-11). With the help of the Constitution, national parliaments are for the first time entitled to new and important control functions. This ensures that the European Commission takes fully into account the principle of subsidiarity when formulating proposals for legal acts.

Question: Is it simplified and improved through the Constitution?

decision making process?

Answer: Yes. We have already indicated above that the Constitution contains three types of competence of the European Union. Thus, its citizens can easily determine who is responsible for what and makes decisions (Article I-12). The EU Constitution contains 6 types of legal acts (Article I-33). According to it, the procedure of joint decision-making extends to almost all policy areas. In concrete terms, this means that the European Parliament and the European Council jointly make most decisions and share legislative powers in almost every policy area. At the same time, the Constitution simplifies the voting procedure in the Council by using the so-called procedure. "qualified majority". This means that in the future, a decision is taken when 55% of the Member States, representing 65% of the Union's population, support it.

Question: What changes through the EU Constitution for the average person

citizen?

Answer: The Constitution confirms the provisions on the nationality of its member states contained in the treaties currently in force in the European Union, which are accepted as a whole. According to Article I-10, all EU citizens have the right:

· move freely within the territory of the European Union and stay on it;

· in those Member States in which they live, to use active and passive suffrage in elections to the European Parliament and in municipal elections under the same conditions;

· take advantage of the protection of diplomatic services when staying in third countries;

· submit appeals to the European Parliament;

· contact European authorized persons, bodies and services;

· when making requests, use the official language of the relevant EU member state and receive a response in the same language.

In addition, the EU Constitution enshrines the Charter of Fundamental Rights of the European Union (Chapter II).

Question: To what extent does the EU Charter of Fundamental Rights enhance the rights of European Union citizens? How does this Charter apply in our daily lives?

Answer: Adopted in Nice in 2000, the EU Charter of Fundamental Rights contains approximately 50 articles that apply to all citizens of the European Union and cover the following areas of law: human dignity, freedom, equality, solidarity, civil and legal rights. By including them in the Constitution, the Charter becomes legally binding. The rights established by the Charter derive in part from traditional rights, which are guaranteed by the European Convention on Human Rights. However, some articles contain clear prohibitions, for example, Article II-62, through which the death penalty cannot be applied in member states of the Union. Other articles contain, in turn, declarations of intent by which the Union, for example, must ensure a high level of consumer protection (Article II-98) or a high level of environmental protection (Article II-97). These articles must, of course, receive due legal force through appropriate regulations. Member States of the EU and its institutions must respect the rights enshrined in the Charter, and the European Court of Justice must ensure that these responsibilities are effectively fulfilled. All these provisions are aimed at guaranteeing the rights and freedoms of citizens of the European Union, and not in any way expanding its powers.

Question: Will citizens be able to make initiative proposals?

applications to the bodies of the European Union?

Answer: Yes, and this means a big step forward for democracy. According to Article I-47, for the first time in history, citizens of the countries of the European Union are given the opportunity to take initiative and thereby participate in the decision-making process of its bodies. If EU citizens believe that in order to implement a particular article of the Constitution it is necessary to adopt a corresponding legal act, then they can demand that the EU Commission (within the framework of its powers) prepare the necessary proposal for this. Such an application for the preparation of a legal act is accepted from citizens numbering at least one million people. The European Citizens' Initiative can relate to any area of ​​EU competence, for example, in relation to the protection of children from unfair and harmful information on the Internet, in relation to environmental protection, labeling of consumer goods, healthcare, workplace safety, etc. and so on. Of course, the EU Commission is not obliged to automatically follow the civil initiative, because it operates within certain conditions established by the EU Constitution. But in any case, the Commission must consider the proposal submitted to it as part of a civil initiative and respond to it within the established time frame.

Question: Will the national parliaments of EU member states be able to take part in the discussion of certain issues affecting the entire European Union?

Answer: Yes, definitely. For the first time, national parliaments have the opportunity to directly participate in the EU decision-making process. This participation occurs not only during the development of a draft for a particular EU legislative act, but even at an even earlier stage, when preparing proposals for it. Every draft piece of legislation must receive the approval of all EU member states. In this case, parliaments can (within 6 weeks) check whether the principle of subsidiarity has been observed in the preparation of the draft. In addition, parliaments may also examine the extent to which the provisions of the draft comply with national interests, whether they should be implemented throughout the EU or only in individual countries, whether the EU Commission does not exceed its powers when developing the project. If a quarter of the parliament of any EU member state (and in the field of freedom, security and law - even a third of it) comes to the conclusion that the draft legislation does not comply with the principle of subsidiarity, then it is subject to revision by the EU Commission. Of course, the EU Commission can insist on its draft, but in practice one can hardly ignore the opinions of national parliaments. Thus, the EU Constitution gives the right to national parliaments to use the so-called. "yellow card" as effective tool when developing general decisions.

Question: Will the EU Constitution weaken the achievements of individual

countries in the field of social protection of their citizens?

Answer: No way. In each EU member state, the legal provisions in the field of social protection of its citizens are fully preserved. It should be said that the concept of “social” is mentioned in the EU Constitution 89 times, which indicates great attention to this issue in it. Not only will the position of citizens in terms of their social protection not worsen, but, on the contrary, will improve with the adoption of the EU Constitution. The fact is that all issues related to the problem of social protection of employees who leave their country or come to another EU country will be resolved jointly and legislation on this issue agreed upon by all EU member states will be adopted. The general objectives of the European Union, according to Article I-3, include the achievement of a competitive socially oriented economy in each of its countries, ensuring full employment of their populations and the social progress of their societies. The EU has powers to coordinate economic and employment policies in its member countries (Article I-15), and therefore also to coordinate social policies. The purpose of this policy is to ensure a high level of employment, adequate social protection and combat social inequality (Article III-117). In addition, an integral part of the EU Constitution is the Charter of Fundamental Rights, which contains a section on “Solidarity”. All this suggests that in the social field, employees in any EU Member State can expect their rights to be informed and heard, to collective bargaining and collective action, to protection from unfair dismissal and to have access to social support and protection .

Question: Does the EU Constitution pose a danger to its

public services?

Answer: No. For the first time in the history of the European Union, its Constitution recognizes an independent legal existence for EU civil services. This indicates their central role in promoting social and regional cohesion in the EU (Article III-122). According to the Solidarity section of the Charter of Fundamental Rights, the EU must recognize and take into account the need to create public services of general economic interest. The EU Constitution therefore requires its member states to take care to create the necessary conditions for efficient work such EU public services. Thus, in the “Transport” section it is clearly established that the assistance of all EU member countries is necessary in the issue of coordinating transport links on its territory and paying for the use of highways and railways through the creation of an appropriate public service (Article III-238). Article III-122 of the EU Constitution deals with the principles and conditions for the creation and functioning of public services of general economic interest, as well as their financing by EU member states.

Question: Will the EU Constitution protect the achievements of the European Union?

Union in the field of environmental protection?

Answer: Yes, in full. According to the Constitution, one of the goals of the EU is the continued development of measures in the field of environmental protection and improvement of its quality (Article 1-3). Although the European treaties on this issue are already aimed at implementing a corresponding long-term program of measures, nevertheless, this concept receives a clearer sound in the EU Constitution. It emphasizes that the problem of environmental protection is not one of the ordinary, but the central goal of the European Union within its framework. international relations(Article Ш-292). The environment is an area of ​​action in which the EU shares its powers with all its member states. The European Union can only act in such a way as to strictly follow the objectives established by its Constitution: preserving and protecting the environment, as well as improving its quality for people's lives, protecting human health, prudent and rational use of natural resources, promoting measures for its member countries in their regional and global efforts to address all issues related to environment. The EU Constitution contains a section on energy for the first time. The EU's objectives in this area include ensuring the sound functioning of the energy market and, above all, guaranteeing the supply of energy, promoting energy efficiency and savings, as well as the development of new and renewable energy sources. Further, the EU Constitution contains the so-called. the solidarity condition (Article 1-43), according to which the European Union as a whole and its Member States must act together in a spirit of solidarity when any of its countries is struck by a natural, man-made or human-causing disaster.

Question: Does the EU Constitution strengthen Europe's role in the world?

Answer: Yes, without a doubt, and this is one of her most important achievements. All provisions on the EU's relations with the rest of the world contained in the currently valid European treaties are included in the final fifth section of the EU Constitution. This ensures continuity and better readability of these agreements. The EU Constitution also enshrines the principles and objectives of the European Union in the field of foreign policy, namely: democracy, rule of law, universal legality, indivisibility of human rights and fundamental freedoms, respect for human dignity, principles of equality and solidarity (Article III-292). According to the EU Constitution, the post of Minister of Foreign Affairs is created, who must exercise high representation of the European Union in Councils at any level in order to coordinate the EU's foreign and security policy. This strengthens the EU's role in the world and at the same time makes it possible to more effectively promote common European interests in the implementation of these policies. The EU Constitution also creates its own legal basis for the provision of humanitarian assistance and strengthens the use of the principles of impartiality, neutrality and overcoming discrimination in the field of foreign policy. In addition, the EU Constitution lays down the principles for the creation of the European Voluntary Corps for the provision of humanitarian assistance (Article III-321).

Question: Does the EU Constitution provide for the creation of a European

Answer: No. According to the EU Constitution, the common security and defense policy is an integral part of its foreign policy (Article I-41). Further, EU member states are obliged by its constitution to provide it with civilian and military capabilities to implement these policies. The EU Constitution also clearly states that the Council in this area of ​​activity of the European Union must take all decisions only unanimously. Moreover, each EU member state has the right of veto. This Council may delegate to a group of EU member states the implementation of disarmament measures, the implementation of humanitarian tasks and the use of rapid reaction forces, the tasks of military advice and support, as well as the tasks of maintaining peace (Article III-310). Countries that are not EU members may also be forced to participate in this mission. All EU member states may choose to participate in the work of the defense agency (Article III-311). Also, only those EU Member States that wish to do so and fulfill the relevant criteria regarding their military capabilities and agree to the required responsibilities can take part in cooperation in permanent structures in the field of security and defense (Article III-312). EU member states can withdraw from the permanent defense cooperation structures at any time if they wish.

Question: Why is the EU Constitution ratified by member states?

European Union through various procedures?

Answer: Each country can decide whether to ratify the EU Constitution in accordance with its constitutional legal provisions through a parliamentary vote or a popular referendum. In the case of voting in the national parliament, the procedure depends on the structure of the state and its parliament. Some parliaments (as, for example, in Greece) consist of only one chamber, while others, on the contrary (as, for example, in Germany), consist of two chambers, in each of which a vote must be held. In some EU member states, such as Belgium, the EU Constitution must be adopted by regional people's representatives. And in countries such as Denmark, France, Ireland, Luxembourg, the Netherlands, Poland, Portugal, Spain, the Czech Republic and the UK, a national referendum is required or has been decided. However, such a referendum in Luxembourg, the Netherlands, Spain and the UK is advisory in nature and has no legal necessity. However, of course, the governments of these countries cannot ignore the results of the referendum, i.e. disrespect the will of the people.

Question: What happens if the EU Constitution is rejected?

Answer: The Treaty on the EU Constitution comes into force only after its ratification by all 25 member states of the European Union (Article IV-447). There is no official rule for failure to ratify. Of course, the leaders of the EU member states and their governments have made a political commitment to discuss this issue in the European Council and try to find a solution in such a way that within two years after its signing it would be ratified by 4/5 EU member states, and In those countries where ratification difficulties have arisen, political opportunities could be found to overcome them. One could, for example, try to ratify the EU Constitution through a re-ratification procedure, or solve this problem by convening a conference of EU member states' governments, or propose other ways on a case-by-case basis.

Question: In the event of failure to ratify the Constitution, can

The EU group of member states of the European Union undertakes to

what further steps will be taken within the framework of enhanced cooperation?

Answer: Yes, this would be possible, but on the basis of the European treaties in force today and on strictly defined conditions. If one or more EU member states fail to ratify its Constitution, then the provisions of these treaties will still remain in force and all 25 EU member states will continue to form the European Union in its existing form. According to Article 43 of the Nice Treaty, EU member states can begin, under strictly defined conditions, to work together to find a solution to the problem. First of all, at least 8 EU member states should begin such work. Moreover, this enhanced cooperation in order to find a way out of the difficulties encountered is accepted as a last resort in the event that the European Council comes to the conclusion that, on the basis of the relevant provisions of the existing treaties, it will not be possible to achieve the desired goal within the allowable time. As conditions for such joint work, the need to remain within the competence of the European Union is accepted, to take into account the powers, rights and obligations of those EU member states that do not participate in such cooperation, and, most importantly, to promote the goals of the existence of the EU.

Question: Is the EU Constitution the so-called "a document for eternity

time"? Can it ever change?

Answer: The EU Constitution, like any other document international treaty, may be subject to changes at any time according to a certain procedure. After its entry into force, the fundamental provision is that the government of an EU member state, the European Parliament or the European Commission can at any time make proposals to amend the EU Constitution (Article IV-443). The proposed changes must first of all be explained at the Convention, then they must be unanimously accepted by all EU member states and then ratified by them in accordance with the constitutional provisions in each of them. At the same time, two simplified procedures for amending the EU Constitution are provided. According to the first procedure (Article IV-444), in a certain area of ​​the provisions of the EU Constitution, when deciding on changes to them, it is possible to make do with a qualified majority instead of complete unanimity, or instead of using a special legislative procedure, use the ordinary procedure. But this presupposes a previously unanimous decision by the European Council and a vote in the European Parliament. The second simplified procedure for amending the EU Constitution (Article IV-445) concerns its internal provisions political activity European Union and therefore requires only a unanimous decision of the European Council, without convening a Convention for this purpose.

Let us consider in more detail the foundations of the European Union, set out in the first section of the treaty on its Constitution.